Reported from the Committee on the Judiciary and Civil and Criminal Jurisprudence, May 1, 2012, with recommendation that the
Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

5379S.02C

AN ACT

To repeal section 476.055, RSMo, and to enact in lieu thereof one new section relating
to the statewide court automation fund, with existing penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.Section 476.055, RSMo, is repealed and one new section
enacted in lieu thereof, to be known as section 476.055, to read as follows:

476.055.1.There is hereby established in the state treasury the
"Statewide Court Automation Fund".All moneys collected pursuant to section
488.027, as well as gifts, contributions, devises, bequests, and grants received
relating to automation of judicial record keeping, and moneys received by the
judicial system for the dissemination of information and sales of publications
developed relating to automation of judicial record keeping, shall be credited to
the fund.Moneys credited to this fund may only be used for the purposes set
forth in this section and as appropriated by the general assembly.Any
unexpended balance remaining in the statewide court automation fund at the end
of each biennium shall not be subject to the provisions of section 33.080 requiring
the transfer of such unexpended balance to general revenue; except that, any
unexpended balance remaining in the fund on September 1, [2013]2018, shall
be transferred to general revenue.

2.The statewide court automation fund shall be administered by a court
automation committee consisting of the following: the chief justice of the supreme
court, a judge from the court of appeals, four circuit judges, four associate circuit
judges, four employees of the circuit court, the commissioner of administration,
two members of the house of representatives appointed by the speaker of the
house, two members of the senate appointed by the president pro tem of the
senate and two members of the Missouri Bar.The judge members and employee
members shall be appointed by the chief justice.The commissioner of
administration shall serve ex officio.The members of the Missouri Bar shall be
appointed by the board of governors of the Missouri Bar.Any member of the
committee may designate another person to serve on the committee in place of the
committee member.

3.The committee shall develop and implement a plan for a statewide
court automation system.The committee shall have the authority to hire
consultants, review systems in other jurisdictions and purchase goods and
services to administer the provisions of this section.The committee may
implement one or more pilot projects in the state for the purposes of determining
the feasibility of developing and implementing such plan.The members of the
committee shall be reimbursed from the court automation fund for their actual
expenses in performing their official duties on the committee.

4.Any purchase of computer software or computer hardware that exceeds
five thousand dollars shall be made pursuant to the requirements of the office of
administration for lowest and best bid.Such bids shall be subject to acceptance
by the office of administration.The court automation committee shall determine
the specifications for such bids.

5.The court automation committee shall not require any circuit court to
change any operating system in such court, unless the committee provides all
necessary personnel, funds and equipment necessary to effectuate the required
changes.No judicial circuit or county may be reimbursed for any costs incurred
pursuant to this subsection unless such judicial circuit or county has the approval
of the court automation committee prior to incurring the specific cost.

6.Any court automation system, including any pilot project, shall be
implemented, operated and maintained in accordance with strict standards for
the security and privacy of confidential judicial records.Any person who
knowingly releases information from a confidential judicial record is guilty of a
class B misdemeanor.Any person who, knowing that a judicial record is
confidential, uses information from such confidential record for financial gain is
guilty of a class D felony.

7.On the first day of February, May, August and November of each year,
the court automation committee shall file a report on the progress of the
statewide automation system with the joint legislative committee on court
automation.Such committee shall consist of the following:

(1)The chair of the house budget committee;

(2)The chair of the senate appropriations committee;

(3)The chair of the house judiciary committee;

(4)The chair of the senate judiciary committee;

(5)One member of the minority party of the house appointed by the
speaker of the house of representatives; and

(6)One member of the minority party of the senate appointed by the
president pro tempore of the senate.

8.The members of the joint legislative committee shall be reimbursed
from the court automation fund for their actual expenses incurred in the
performance of their official duties as members of the joint legislative committee
on court automation.

9.Section 488.027 shall expire on September 1, [2013]2018.The court
automation committee established pursuant to this section may continue to
function until completion of its duties prescribed by this section, but shall
complete its duties prior to September 1, [2015]2020.